43-26-3. Substance of usual covenants under agreement to sell real property where standard form of deed not delivered. If a standard form of warranty deed be not delivered, the covenants mentioned in § 43-26-2 must be in substance as follows:
The party of the first part covenants with the party of the second part that the former is now seized in fee simple of the property granted; that the latter shall enjoy the same without any lawful disturbance; that the same is free from all encumbrances; that the party of the first part, and all persons acquiring any interest in the same through or for him, will, on demand, execute and deliver to the party of the second part, at the expense of the latter, any further assurance of the same that may be reasonably required; and that the party of the first part will warrant to the party of the second part all the said property against every person lawfully claiming the same.
Source: CivC 1877, § 990; CL 1887, § 3614; RCivC 1903, § 1308; RC 1919, § 929; SDC 1939, § 51.1420.
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